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THE CONTROL OF MAJOR INDUSTRIAL ACCIDENT HAZARD (KERALA) RULES, 1993

THE CONTROL OF MAJOR INDUSTRIAL ACCIDENT HAZARD (KERALA) RULES, 1993

THE CONTROL OF MAJOR INDUSTRIAL ACCIDENT HAZARD (KERALA) RULES, 1993

[1][THE CONTROL OF MAJOR INDUSTRIAL ACCIDENT HAZARD (KERALA) RULES, 1993]

PREAMBLE

In exercise of the powers conferred by section 41 B of the Factories Act, 1948 (Central Act 63 of 1948) read with section 112 thereof, the Government of Kerala hereby make the following rules the same having been previously published under Notification No. 39488/B2/90/LBR dated the 28th October, 1991, in the Kerala Gazette Extraordinary No. 1282 dated the 30th October, 1991, as required by section 115 of the said Act namely:-

Rule - 1. Short title and commencement.

(1)     These Rules may be called the Control of Major Industrial Accident Hazard (Kerala) Rules, 1993.

(2)     They shall come into force at once.

(3)     General effect. The provisions of these Rules shall be in addition to and not in derogation of the Kerala Factories Rules, 1957.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "hazardous chemical" means,-

(i)       any chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in column (2) of Part II of the said schedule; or

(ii)      any chemical listed in column (2) of Schedule 2; or

(iii)     any chemical listed in column (2) of Schedule 3.

(b)      "Industrial activity" means,-

(i)       an operation or process carried out in an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process as the case may be; or

(ii)      isolated storage;

(c)      "isolated storage" means storage where no other manufacturing process other than pumping of hazardous chemical is carried out and that storage involved at least a quantity of that chemical set out in Schedule 2, but does not include storage associated with an installation specified in Schedule 4 on the same site;

(d)      "major accident" means an occurrence (including in particular, a major emission, fire or explosion) involving one or more hazardous chemicals and resulting from uncontrolled developments in the course of an industrial activity or owing to natural events, leading to a serious danger to persons, whether immediate or delayed, inside or outside the installation or damage to property or adverse effects on the environment;

(e)      "pipeline" means a pipe (together with any apparatus and works associated therewith), or System of pipes (together with any apparatus and works associated therewith), for the conveyance of a hazardous chemical, other than a flammable gas as set out in column (2) of Part II of Schedule 3 at a pressure of less than 8 bars absolute;

(f)       "Schedule" means Schedule appended to these Rules;

(g)      "Site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed of and includes the whole area under the control of occupier;

(h)     Words and expressions not defined in these Rules but defined or used in the Factories Act, 1948 (Central Act 63 of 1948) and the Kerala Factories Rules, 1957 made thereunder shall have the same meaning as assigned therein.

Rule - 3. Collection, development and dissemination of Information.

(1)     This rule shall apply to an industrial activity in which a hazardous chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in column (2) of Part II of the said Schedule is or may be involved.

(2)     An occupier, who has control of an industrial activity in terms of sub-rule (1) shall arrange to obtain or develop detailed information on hazardous chemicals in the form of a material safety data sheet as indicated in Schedule 5. The information shall be accessible to workers upon request for reference.

(3)     The occupier while obtaining or developing a material safety data sheet as indicated in Schedule 5 in respect of a hazardous chemical handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination. In case, any significant information regarding hazard of a chemical is available, it shall be added to the material safety data sheet as indicated in Schedule 5 as soon as practicable.

(4)     Every container of a hazardous chemical shall be clearly labelled or marked to identify:-

(a)      the contents of the container;

(b)      the name and address of the manufacturer or importer of the hazardous chemical; and

(c)      the physical, chemical and toxicological data of the hazardous chemical.

(5)     In terms of sub-rule (4) where it is impractical to label a chemical in view of the size of the container or the nature of the package, provision should be made for other effective means like tagging of accompanying documents.

Rule - 4. General responsibility of the occupiers.

(1)     This rule shall apply to:-

(a)      an industrial activity, other than isolated storage, in which a hazardous chemical which satisfies any of the criteria laid in Part I of Schedule I and is listed in column (2) of Part II of the said Schedule is or may be involved; and

(b)      isolated storage in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 2 which is equal to or more than the quantity specified in the Schedule for that chemical in column (3) thereof.

(2)     An occupier who has control of an industrial activity in terms of sub-rule (1) of this rule shall provide evidence to show that he has -

(a)      identified the major accident hazards; and

(b)      taken adequate steps to -

(i)       prevent such major accidents and to limit their consequences to persons and the environment; and

(ii)      provide the persons working on the site with the information, training and equipment including antidotes necessary to ensure their safety.

Rule - 5. Notification of major accidents.

(1)     Where a major accident occurs on a site, the occupier shall forthwith notify the Inspector and the Chief Inspector of that accident and furnish thereafter to the Chief Inspector a report relating to the accident in installments, if necessary, in the form in Schedule 6.

(2)     The Chief Inspector shall receipt of the report in accordance with sub-rule (1) above shall undertake a full analysis of the major accident and send the requisite information to the Directorate General Factory Advice Service and Labor Institutes (DGFASLI) and the Ministry of Labor through appropriate channel.

Rule - 6. Industrial activities to which rules 7 to 15 apply.

(1)     (a) Rules 7 to 9 and 13 to 15 shall apply to an industrial activity other than isolated storage, in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 3 which is equal to or more than the quantity specified in the entry for that chemical in column (3) thereof;

(b) Rules 10 to 12 shall apply to an industrial activity, other than isolated storage, in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 3 which is equal to or more than the quantity specified in the entry for that chemical in column (4) thereof;

(c) Rules 7 to 9 shall apply to an isolated storage in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in column (3) thereof; and

(d) Rules 10 to 15 shall apply to an isolated storage in which there is involved a quantity of A hazardous chemical listed in column (2) of Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in column (4) thereof.

(2)     For the purposes of rules 7 to 15:-

(a)      a "new industrial activity" means an industrial activity which-

(i)       is commenced after the date of coming into operation of these Rules; or

(ii)      if commenced before that date, is an industrial activity in which there has been since that date a modification which would be likely to have important implications for major accident hazards and that activity shall be deemed to have been commenced on the date on which the modification is made; and

(b)      an "existing industrial activity" means an industrial activity which is not a new industrial activity.

Rule - 7. Notification of Industrial Activities.

(1)     An occupier shall not undertake any industrial activity unless he has submitted a written report to the Chief Inspector containing the particulars specified in Schedule 7 at least 3 months before commencing that activity or before such shorter time as the Chief Inspector may agree and for the purposes of this sub rule , an activity in which subsequently there is or is liable to be a quantity given in column (3) of Schedules 2 and 3 or more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified accordingly.

(2)     No report under sub rule (1) of this rule need be submitted by the occupier, if he submits a report under sub-rule (1) of rule 10.

Rule - 8. Updating of the notification under rule 7.

Where an activity has been reported in accordance with sub rule (1) of rule 7 and the occupier makes a change in it (including an increase or decrease in the maximum quantity of a hazardous chemical to which this Rule applies which is or is liable to be at the site or in the pipeline or the cessation of the activity) which affects the particulars specified in that report or any subsequent report made under this rule, the occupier shall forthwith furnish a further report to the Chief Inspector.

Rule - 9. Transitional provision.

Where, (a) at the date of coming into operation of these Rules, an occupier who is in control of an existing industrial activity which is required to be reported under sub rule (1) of rule 7, or (b) within 6 months after that date an occupier commences any such new industrial activity:

it shall be a sufficient compliance, with that rule if he reports to the Chief Inspector as per the particulars in Schedule 7 within 3 months after the date of coming into operation of these Rules or within such longer time as the Chief Inspector may agree in writing.

Rule - 10. Safety reports.

(1)     Subject to sub rules (2) and (3) an occupier shall not undertake any industrial activity to which this Rule applies, unless he has prepared a safety report on that Industrial activity containing the information specified in Schedule 8 and has sent a copy of that report to the Chief Inspector at least 3 months before commencing that activity.

(2)     In the case of a new industrial activity which an occupier commences, or by virtue of sub rule (2)(a)(ii) of rule 6 is deemed to commence within 6 months after coming into operation of these Rules, it shall be a sufficient compliance with sub rule (1) of this rule if the occupier sends to the Chief Inspector a copy of the report required in accordance with that sub rule within 3 months after the date of coming into operation of these rules.

(3)     In the case of an existing industrial activity, until five years from the date of coming into operation of these Rules, it shall be a sufficient compliance with sub-rule (1) of this rule if the occupier on or before 3 months from the date of the coming into the operation of these Rules sends to the Chief Inspector the information specified in Schedule 7 relating to that activity.

Rule - 11. Updating of reports under Rule 10.

(1)     Where an occupier has made a safety report in accordance with sub-rule (1) of rule 10, he shall not make any modification to the industrial activity to which that safety report relates which could materially affect the particulars in that report, unless he has made a further report to take account of those modifications and has sent a copy of that report to the Chief Inspector at least 3 months before making those modifications.

(2)     Where an occupier has made a report in accordance with rule 10 and sub rule (1) of this rule and that industrial activity is continuing, an occupier shall within three years of the date of the last such report, make a further report which shall have regard in particular to new technical knowledge which has affected the particulars in the previous report relating to safety and hazard assessment, and shall within one month or in such longer time as the Chief Inspector may agree in writing, send a copy of the report to the Chief Inspector.

Rule - 12. Requirements for further information.

Where in accordance with sub-rule (1) of rule 10 an occupier has sent a safety report relating to an industrial activity to the Chief Inspector, the Chief Inspector may, by a notice served on the occupier, require him to provide such additional information as is specified in the notice and the occupier shall send that information to the Chief Inspector within such time as is specified in the notice or within such extended time as the Chief Inspector may subsequently specify.

Rule - 13. Preparation of on - site emergency plans by the occupiers.

(1)     An occupier who has control of an industrial activity to which this rule applies shall prepare in consultation with the Chief Inspector, keep up-to-date and furnish to the Chief Inspector and the Inspector an on site emergency plan detailing how major accidents will be dealt with on the site on which the industrial activity is carried on and that plan shall include the name of the person who Is responsible for safety on the site and the names of those who are authorized to take action in accordance with the plan in case of an emergency.

(2)     The occupier shall ensure that the emergency plan prepared in accordance with sub rule (1) of this rule, takes into account any modification made in the industrial activity and that every person on the site who is affected by the plan is informed of its relevant provisions.

(3)     The occupier shall prepare the emergency plan required under sub-rule (1) of this rule-

(a)      In the case of a new industrial activity, before that activity is commenced except that, in the case of a new industrial activity which is commenced or is deemed to have been commenced before a date 3 months after the coming into operation of these rules, by that date; or

(b)      In the case of an existing industrial activity within 3 months of coming into operation of these Rules.

Rule - 14. Preparation of off-site emergency Plans.

(1)     It shall be the duty of the District Collector or the District Emergency Authority designated by the State Government in whose area there is a site on which an occupier carries on an industrial activity to which this rule applies, to prepare and keep up-to-date an adequate off-site emergency plan detailing how emergencies relating to a possible major accident on that site will be dealt with and in preparing that plan the Authority shall consult the occupier, the Chief Inspector and such other persons as appear to the authority to be appropriate.

(2)     The occupier shall provide the District Collector or the District Emergency Authority with such information relating to the industrial activity under his control as may be necessary to enable the District Collector or the District Emergency Authority to prepare an off-site emergency plan under sub rule (1) of this rule including the nature, extent and likely effects off-site of possible major accidents as well as any additional information as the District Collector or the District Emergency Authority may require in this regard.

(3)     The District Collector or the District Emergency Authority shall provide the occupier with information from the off-site emergency plan which relates to his duties under rule 13 or sub rule (2) of this rule.

(4)     The District Collector or the District Emergency Authority shall prepare its emergency plan for any industrial activity required under sub-rule (1) of this rule-

(a)      in the case of a new industrial activity, before that activity is commenced;

(b)      in the case of an existing industrial activity, within 6 months of its being notified by the occupier of the industrial activity.

Rule - 15. Information to be given to persons liable to be affected by a major accident.

(1)     The occupier shall take appropriate steps to inform persons outside the site who are likely to be in an area which might be affected by a major accident at any site on which an industrial activity under his control to which this rule applies is carried on either directly or through the District Emergency Authority about -

(a)      the nature of the major accident hazard; and

(b)      the safety measures and the correct behavior which should be adopted in the event of a major accident.

(2)     The occupier shall take the steps required under sub rule (1) of this rule to inform persons about an industrial activity, before that activity is commenced, except that, in the case of an existing industrial activity in which case the occupier shall comply with the requirements of sub rule (1) of this rule within 3 months of coming into operation of these Rules.

Rule - 16. Disclosure of information notified under these Rules.

Where for the purpose of evaluating information notified under rule 5 or rule 7 to 15 the Inspector or the Chief Inspector or the District Emergency Authority discloses that information to some other person, that other person shall not use that information for any purpose except a purpose of the Inspector or the Chief Inspector or the District Emergency Authority disclosing it, as the case may be, and before disclosing that information the Inspector or the Chief Inspector or the District Emergency Authority, as the case may be, shall inform that other person of his obligations under this rule.

Rule - 17. Improvement notice.

(1)     If an Inspector is of the opinion that an occupier -

(a)      is contravening one or more of these Rules; or

(b)      has contravened one or more of these Rules in circumstances make it likely that the contravention will continue or be repeated, he may serve on him a notice (in this rule referred to as "improvement notice") stating that he is of that opinion specifying the rule or rules as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that occupier to remedy the contravention or, as the case may be the matters occasioning it within such period as may be specified in the improvement notice.

(2)     An improvement notice served under sub-rule (1) of this rule may (but need not) include directions as to the matters to be taken by the occupier to remedy any contravention or matter to which the improvement notice relates.

Rule - 18. Power of the State Government to modify the Schedules.

The State Government may, at any time, by notification in the Official Gazette, make suitable changes in the Schedules.

SCHEDULE 1

[See rule 2 (a), (i), 3(1), (4)(1)(a)]

Indicative Criteria and List of Chemicals

Part I

Indicative Criteria

(a)      Toxic Chemicals:

Chemicals having the following values of acute toxicity and which, owing to their physical and chemical properties, are capable of producing major accident hazards.

Sl. No.

Degree of Toxicity

LD 50 absorbed orally in rats mg./kg. body weight

LD 50 by cutaneous absorption in rats or rabbits mg./kg. body weight

LC 50 absorbed by inhalation (4 hrs.) in rats mg./litre

1.

Extremely

toxic

<=50

<=200

0.1-0.5

2.

Highly toxic

51-500

201-2000

0.5-2.0

(b)      Flammable Chemicals:

(i)       Flammable gases: Chemicals which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 degree C or below;

 

(ii)      High Flammable liquids: Chemicals which have a flash point lower than 23 degree C and the boiling point of which at normal pressure is above 20 degree C.

 

(iii)     Flammable liquids: Chemicals which have a flash point lower than 65 degree C and which remain liquid under pressure, where particular processing conditions such as high pressure and high temperature, may create major accident hazards.

(c)      Explosives:

Chemicals which may explode under the effect of flame, heat or photo-chemical condition, or which are more sensitive to shocks or friction than dinitrobenzene.

Part II

List of Hazardous Chemicals

(List not included)

SCHEDULE 2

[See rules 2(a) (ii), 4(1)(b) and 6(1)(c) and (d)]

Isolated storage of installation other than those covered by Schedule 4

(a)      The quantities set out below-relate to each installation or group of installations belonging to the occupier where the distance between, installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each of the installations belonging to the same occupier where the distance between the installations is less than 500 metres.

(b)      For the purpose of determining the quantity of a hazardous chemical at an isolated storage, account shall also be taken of ally hazardous chemical which is:-

(i)       in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;

(ii)      at any other site under the control of the occupier any part of the boundary of which is 500 metres of the said site: and

(iii)     in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft for transporting it.

Sl. No.

Chemical or groups of Chemicals

(Quantity tonnes)

For Application of rules 4, 5 and 7 to 9

For Application of rules 10 to 5

(1)

(2)

(3)

(4)

1.

Acrylonitrile

350

5000

2.

Ammonia

60

600

3.

Ammonium nitrate (a)

3508

2500

4.

Ammonium nitrate fertilizers (b)

1250

10000

5.

Chlorine

10

25

6.

Flammable gases as defined in Schedule 1, Paragraph (b)(i)

50

300

7.

Highly flammable liquids as defined in Schedule 1, Pragraph(b)(ii)

10000

100000

8.

Liquid oxygen

200

2000

9.

Sodium chlorate

25

250

10.

Sulphur dioxide

20

500

11.

Sulphur trioxide

15

100

 

(a)      This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is greater than 28 per cent by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater than 90 per cent by weight.

(b)      This applies to straight ammonium nitrate fertilizers and to compound fertilizers were the nitrogen content derived from the ammonium nitrate is greater than 28 per cent by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

SCHEDULE 3

[See rules 2 (a) (iii) and 6(1)(a) and (b)]

List of Hazardous Chemicals for Application of Rules 5 and 7 to 15

(a)      The quantities set out below relate to each installation or group of installations belonging to the same occupier where the distance between the installations is not sufficient to avoid in foreseeable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.

(b)      For the purpose of determining the quantity of a hazardous chemical in an industrial installation, account shall also be taken of any hazardous chemical which is:-

(i)       in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;

(ii)      at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site; and

(iii)     in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft used for transporting it.

Part I

Named Chemicals

(Name not included)

SCHEDULE - 3 (contd.)

Part II

Classes of Chemicals not specifically Named in Part- I

 

 

Quantity

sl. No.

Classes of Chemicals

For application of Rules 5 to 9 & 13 to 15

For application of Rules 10 to 12

(1)

(2)

(3)

(4)

 

Group-5-Flammable Chemicals

 

 

1.

Flammable gases:

Chemicals which in a gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 degree C or below:

15 t

200 t

2.

Highly flammable liquids:

Chemicals which have a flash point lower than 23 degree C and the boiling point of which at normal pressure is above 20 degree C :

1000 t

50000 t

3.

Flammable liquids:

Chemicals which have a flash point lower than 65 degree C and which remain liquid under pressure, where particular processing conditions, such as high pressure and high temperature, may create major accident hazards.

25 t

200 t

SCHEDULE 4

[See rule2(b)(10]

INDUSTRIAL INSTALLATION WITHIN THE MEANING OF RULE 2(b)(i)

(1)     Installations for the production, processing or treatment of organic or inorganic chemicals using for this purpose, among others:

(a)      alkylation

(b)      amination by amonolysis

(c)      carbonylation

(d)      condensation

(e)      dehydrogenation

(f)       estefication

(g)      halogenation & manufacture of halogens

(h)     hydrogenation

(i)       hydrolysis 

(j)       oxidation

(k)      polymerization 

(l)       sulphonation

(m)    desulphurization, manufacture and transformation of sulphur containing compounds

(n)     nitration and manufacture of nitrogen-containing compounds

(o)      manufacture of phosphorous-containing compounds

(p)      formulation of pesticides and of pharmaceutical products

(q)      distillation

(r)      extraction

(s)      solvation

(t)       mixing

(2)     Installations for distillation, refining or other processing of petroleum or petroleum products.

(3)     Installations for the total or partial disposal of solid or liquid chemicals by incineration or chemical decomposition.

(4)     Installations for the production, processing, or treatment of energy gases, for example LPG, LNG, SNG.

(5)     Installations for the dry distillation of coal or lignite.

(6)     Installations for the production of metals or non-metals by a wet process or by means of electrical energy.

SCHEDULE 5

[See rule 3(2) and 3(3)]

SAFETY DATA SHEET

1.        Chemical Identity

Chemical Name

 

Chemical Classification

Synonyms

 

Trade Name

Formula

 

C.A.S.No.

U.N.No.

Regulated Identification

I.D. No.

Shipping Name Codes/Label

Hazchem No.

Hazardous Waste

 

Hazardous Ingredients

C.A.S. No.

Hazardous Ingredients

C.A.S. No.

1.

2.

3.

4.

 2. Physical and Chemical Data

Boiling Range/Point

øc

Physical State

Appearance

Melting/Freezing Point

øc

Vapor Pressure at 35 øC

Odor

mm Hg

Vapor Density (Air=l)

Solubility in water at 30 øC

Others

Specific Gravity Water= 1

H

P

3. Fire and Explosion Hazard Data

Flammability Yes/No

LEL

%Flash Point øC

Autoignition øC Temperature

TDG Flammability

UEL

%Flash Point øC

Hazardous Comustion Products

Explosion Sensitivity

to Impact

Explosion Sensitivity to State Electricity

Hazardous Polymerisation

Combustion Liquid

Explosive Material

Corrosive Material

Flammable Material

Oxidizer

Others

 Pyrophoric Material

Organic Peroxide

4. Reactivity Data

Chemical Stability

 

Incompatibility with other Material

 

Reactivity

 

Hazardous Reaction Products

 

5. Health Hazard Data

Routes of Entry

 

Effects of Exposure/Symptoms

 

Emergency Treatment

 

TLV (ACGIH) ppm

mg/m3

STEL

ppm

mg/m3

Permissible Exposure Limit ppm

LD50

mg/m3

Odour

LD59

Threshold ppm

mg/m3

 NFPA Hazard Health Signals

Flammability

/

Stability

Special

6. Preventive Measures

Personnel

Protective

Equipment

 

 

 

 

 

Handling and

Storage

Precautions

 

 

 

 

7. Emergency and First Aid Measure

FIRE

 

Fire Extinguishing

Meadia

FIRE

 

Special Procedures

Unusual Hazards

 

EXPOSURE

First Aid Measures

Antidotes / Dosages

SPILLS

Steps to be taken

Waste Disposal Method

 

8. Additional Information/References

 

 

9. Manufacturer/Suppliers Data

Name of Firm

Mailing Address

Telephone/Telex Nos.

Telegraphic Address

Contact Person in Emergency

Local Bodies involved

Standard Packing

TremcardDatails/Ref.

Other

 

10. Disclaimer   

 

Information contained in this material data sheet is believed to be reliable but not representation guarantee or warranties of any kind are made as to it accuracy, suitability for a particular application or results to be obtained from them. It is upto the manufacturer/seller to ensure that the information contained in the material safety data sheet is relevant to the product manufacture handled or sold by him as the case may be. The Government makes no warranties expressed or implied in respect of the adequacy of this document for any particular purpose.

SCHEDULE 6

[See rule 5(1)]

Information to be furnished regarding Notification of a Major accident

   

Report number ................ 

of the particular accident.

(1)     General data

(a)      Name of the site

(b)      Name and address of the occupier

(Also state the telephone/telex number)

(c)      (i) Registration number

(ii) License number

(As may have been allotted under any statute applicable to the site. e.g. the Factories Act)

(d)      (i) Nature of industrial activity

(Mention what is actually manufactured, stored etc.)

(ii) National Industrial Classification,

1987 at the four digit level.   

 

 

 

(2)     Type of major accident

Explosion   

 

   

Fire   

 

  

Emission of hazardous chemical

 

(3)     Description of the major accident

(a)      Date, shift and hour of the accident

 

(b)      Department/Section and exact place where the accident took place.

 

(c)      The process/operation under taken in the Department/Section where the accident took place (Attach a flow chart, if necessary).

 

(d)      The circumstances of the accident and the hazardous chemical involved.

(4)     Emergency measures taken and measures envisaged to be taken to alleviate short-term effects of the accident.

5. Causes of the major accident Known: (to be specified)   

 

 

Not known

 

 

Information will be supplied as soon as possible

 

(5)     Nature and extent of damage:

(a) within the establishment casualties   

................................................Killed

.................................................Injured

............................................Poisoned

-persons exposed to the major accident

...........................................................

-material damage 

 

-damage is still present

 

-danger no longer exists

 

(b) Outside the establishment 

- casualties

...............................................Killed

.............................................Injured

...........................................Poisoned

-persons exposed to the major accident

.......................................................

-material damage 

 

-damage to environment

 

-damage is still present

 

-danger no longer exists

 

(6)     Data available for assessing the effects of the accident on persons and environment.

(7)     Steps already taken or envisaged:

(a)      to alleviate medium or long term effects of the accident.

 

(b)      to prevent recurrence of similar major accident.

 

(c)      any other relevant information.

SCHEDULE 7

[See rule 7(1)]

INFORMATION TO BE FURNISHED FOR THE NOTIFICATION OF ACTIVITIES/SITES

Particulars to be included in a notification of site

(1)     The name and address of the occupier making the notification.

(2)     The full postal address of the site where the modifiable industrial activity will be carried on.

(3)     The area of the site covered by the notification and of any adjacent site which is required to be taken into account by virtue of Schedule 2(b) and Schedule 3(b).

(4)     The date on which it is anticipated that the modifiable industrial activity will commence or if it has already commenced a statement to that effect.

(5)     The name and maximum quantity liable to be on the site of each hazardous chemical for which notification is being made.

(6)     Organization structure, namely, organization diagram for the proposed industrial activity and set up for ensuring safety and health.

(7)     Information relating to the potential for major accidents namely:-

(a)      identification of major accident hazards;

(b)      the condition of events which could be significant in bringing one about;

(c)      brief description of the measures taken.

(8)     Information relating to the site namely:-

(a)      a map of the site and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazard or risk associated with the site;

(i)       area likely to be affected by the major accident.

(ii)      population distribution in the vicinity.

(b)      a scale plan of the site showing the location and quantity of all significant inventories of the hazardous chemicals;

(c)      a description of the processes or storages involving the hazardous chemicals, the maximum amount of such a hazardous chemical in the given process or storage and an indication of the conditions under which it is normally held;

(d)      the maximum number of persons likely to be present on site.

(9)     The arrangement for training of workers and equipment necessary to ensure safety of such workers.

SCHEDULE 8

[See rule 10(1)]

Information to be furnished in a Safety Report

(1)     The name and address of the person furnishing the information.

(2)     Description of the industrial activity, namely

(a)      Site,

(b)      construction design,

(c)      protection zones (explosion protection, separation distances),

(d)      accessibility of plant,

(e)      maximum number of persons working on the site and particularly of those persons explosed to the hazard.

(3)     Description of the processes, namely:-

(a)      technical purpose of the industrial activity,

(b)      basic principles of the technological process,

(c)      process and safety-related data for the individual process stages,

(d)      process description,

(e)      safety-related types of utilities.

(4)     Description of the hazardous chemicals, namely:-

(a)      chemicals (quantities, substance data on physical and chemical properties, safety-related data on explosive limits, flash-point thermal stability, toxicological data and threshold limit values, lethal concentrations).

(b)      the form in which the chemicals may occur or into which they may be transformed in the event of abnormal conditions.

(c)      the degree of purity of the hazardous chemical.

(5)     Information on the Preliminary Hazard Analysis, namely:-

(a)      type of accident,

(b)      system elements or foreseen events that can lead to a major accident

(c)      hazards,

(d)      safety-relevant components.

(6)     Description of safety-relevant units, among others:

(a)      special design criteria,

(b)      controls and alarms,

(c)      pressure relief systems,

(d)      quick-acting valves,

(e)      collecting tanks/dump tanks,

(f)       sprinkler systems,

(g)      fire protection.

(7)     Information on the hazard assessment, namely: -

(a)      identification of hazards,

(b)      the causes of major accidents,

(c)      assessment of hazards according to their occurrence frequency

(d)      assessment of accident consequences,

(e)      safety systems,

(f)       known accident history.

(8)     Description of information on organizational systems used to carry on industrial activity safely, namely:-

(a)      maintenance and inspection schedules,

(b)      guidelines for the training of personnel,

(c)      allocation and delegation of responsibility for plant safety,

(d)      implementation of safety procedures.

(9)     Information on assessment of the consequences of major accidents namely: -

(a)      assessment of the possible release of hazardous chemicals or of energy,

(b)      possible dispersion of released chemicals,

(c)      assessment of the effects of the releases (size of the affected area, health effects, property damage).

(10)   Information on the mitigation of major accidents, namely:-

(a)      fire brigade;

(b)      alarm systems;

(c)      emergency plan containing system of organization used to fight the emergency, the alarm and the communication routes, guidelines for fighting the emergency, examples of possible accident sequences

(d)      co-ordination with the District Collector or the District Emergency authority and its off-site emergency plan,

(e)      notification of the nature and scope of the hazard in the event of an accident. 

(f)       antidotes in the event of a release of a hazardous chemical.



[1] Published as G.O. (Rt.) No. 2676/93/LBR & REH dated 18-10-93 pub. in K.G. Ex. No.1088 dated 28-10-93, as SRO 1680/93. 

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THE CONTROL OF MAJOR INDUSTRIAL ACCIDENT HAZARD (KERALA) RULES, 1993

[1][THE CONTROL OF MAJOR INDUSTRIAL ACCIDENT HAZARD (KERALA) RULES, 1993]

PREAMBLE

In exercise of the powers conferred by section 41 B of the Factories Act, 1948 (Central Act 63 of 1948) read with section 112 thereof, the Government of Kerala hereby make the following rules the same having been previously published under Notification No. 39488/B2/90/LBR dated the 28th October, 1991, in the Kerala Gazette Extraordinary No. 1282 dated the 30th October, 1991, as required by section 115 of the said Act namely:-

Rule - 1. Short title and commencement.

(1)     These Rules may be called the Control of Major Industrial Accident Hazard (Kerala) Rules, 1993.

(2)     They shall come into force at once.

(3)     General effect. The provisions of these Rules shall be in addition to and not in derogation of the Kerala Factories Rules, 1957.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "hazardous chemical" means,-

(i)       any chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in column (2) of Part II of the said schedule; or

(ii)      any chemical listed in column (2) of Schedule 2; or

(iii)     any chemical listed in column (2) of Schedule 3.

(b)      "Industrial activity" means,-

(i)       an operation or process carried out in an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process as the case may be; or

(ii)      isolated storage;

(c)      "isolated storage" means storage where no other manufacturing process other than pumping of hazardous chemical is carried out and that storage involved at least a quantity of that chemical set out in Schedule 2, but does not include storage associated with an installation specified in Schedule 4 on the same site;

(d)      "major accident" means an occurrence (including in particular, a major emission, fire or explosion) involving one or more hazardous chemicals and resulting from uncontrolled developments in the course of an industrial activity or owing to natural events, leading to a serious danger to persons, whether immediate or delayed, inside or outside the installation or damage to property or adverse effects on the environment;

(e)      "pipeline" means a pipe (together with any apparatus and works associated therewith), or System of pipes (together with any apparatus and works associated therewith), for the conveyance of a hazardous chemical, other than a flammable gas as set out in column (2) of Part II of Schedule 3 at a pressure of less than 8 bars absolute;

(f)       "Schedule" means Schedule appended to these Rules;

(g)      "Site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed of and includes the whole area under the control of occupier;

(h)     Words and expressions not defined in these Rules but defined or used in the Factories Act, 1948 (Central Act 63 of 1948) and the Kerala Factories Rules, 1957 made thereunder shall have the same meaning as assigned therein.

Rule - 3. Collection, development and dissemination of Information.

(1)     This rule shall apply to an industrial activity in which a hazardous chemical which satisfies any of the criteria laid down in Part I of Schedule I and is listed in column (2) of Part II of the said Schedule is or may be involved.

(2)     An occupier, who has control of an industrial activity in terms of sub-rule (1) shall arrange to obtain or develop detailed information on hazardous chemicals in the form of a material safety data sheet as indicated in Schedule 5. The information shall be accessible to workers upon request for reference.

(3)     The occupier while obtaining or developing a material safety data sheet as indicated in Schedule 5 in respect of a hazardous chemical handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination. In case, any significant information regarding hazard of a chemical is available, it shall be added to the material safety data sheet as indicated in Schedule 5 as soon as practicable.

(4)     Every container of a hazardous chemical shall be clearly labelled or marked to identify:-

(a)      the contents of the container;

(b)      the name and address of the manufacturer or importer of the hazardous chemical; and

(c)      the physical, chemical and toxicological data of the hazardous chemical.

(5)     In terms of sub-rule (4) where it is impractical to label a chemical in view of the size of the container or the nature of the package, provision should be made for other effective means like tagging of accompanying documents.

Rule - 4. General responsibility of the occupiers.

(1)     This rule shall apply to:-

(a)      an industrial activity, other than isolated storage, in which a hazardous chemical which satisfies any of the criteria laid in Part I of Schedule I and is listed in column (2) of Part II of the said Schedule is or may be involved; and

(b)      isolated storage in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 2 which is equal to or more than the quantity specified in the Schedule for that chemical in column (3) thereof.

(2)     An occupier who has control of an industrial activity in terms of sub-rule (1) of this rule shall provide evidence to show that he has -

(a)      identified the major accident hazards; and

(b)      taken adequate steps to -

(i)       prevent such major accidents and to limit their consequences to persons and the environment; and

(ii)      provide the persons working on the site with the information, training and equipment including antidotes necessary to ensure their safety.

Rule - 5. Notification of major accidents.

(1)     Where a major accident occurs on a site, the occupier shall forthwith notify the Inspector and the Chief Inspector of that accident and furnish thereafter to the Chief Inspector a report relating to the accident in installments, if necessary, in the form in Schedule 6.

(2)     The Chief Inspector shall receipt of the report in accordance with sub-rule (1) above shall undertake a full analysis of the major accident and send the requisite information to the Directorate General Factory Advice Service and Labor Institutes (DGFASLI) and the Ministry of Labor through appropriate channel.

Rule - 6. Industrial activities to which rules 7 to 15 apply.

(1)     (a) Rules 7 to 9 and 13 to 15 shall apply to an industrial activity other than isolated storage, in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 3 which is equal to or more than the quantity specified in the entry for that chemical in column (3) thereof;

(b) Rules 10 to 12 shall apply to an industrial activity, other than isolated storage, in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 3 which is equal to or more than the quantity specified in the entry for that chemical in column (4) thereof;

(c) Rules 7 to 9 shall apply to an isolated storage in which there is involved a quantity of a hazardous chemical listed in column (2) of Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in column (3) thereof; and

(d) Rules 10 to 15 shall apply to an isolated storage in which there is involved a quantity of A hazardous chemical listed in column (2) of Schedule 2 which is equal to or more than the quantity specified in the entry for that chemical in column (4) thereof.

(2)     For the purposes of rules 7 to 15:-

(a)      a "new industrial activity" means an industrial activity which-

(i)       is commenced after the date of coming into operation of these Rules; or

(ii)      if commenced before that date, is an industrial activity in which there has been since that date a modification which would be likely to have important implications for major accident hazards and that activity shall be deemed to have been commenced on the date on which the modification is made; and

(b)      an "existing industrial activity" means an industrial activity which is not a new industrial activity.

Rule - 7. Notification of Industrial Activities.

(1)     An occupier shall not undertake any industrial activity unless he has submitted a written report to the Chief Inspector containing the particulars specified in Schedule 7 at least 3 months before commencing that activity or before such shorter time as the Chief Inspector may agree and for the purposes of this sub rule , an activity in which subsequently there is or is liable to be a quantity given in column (3) of Schedules 2 and 3 or more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified accordingly.

(2)     No report under sub rule (1) of this rule need be submitted by the occupier, if he submits a report under sub-rule (1) of rule 10.

Rule - 8. Updating of the notification under rule 7.

Where an activity has been reported in accordance with sub rule (1) of rule 7 and the occupier makes a change in it (including an increase or decrease in the maximum quantity of a hazardous chemical to which this Rule applies which is or is liable to be at the site or in the pipeline or the cessation of the activity) which affects the particulars specified in that report or any subsequent report made under this rule, the occupier shall forthwith furnish a further report to the Chief Inspector.

Rule - 9. Transitional provision.

Where, (a) at the date of coming into operation of these Rules, an occupier who is in control of an existing industrial activity which is required to be reported under sub rule (1) of rule 7, or (b) within 6 months after that date an occupier commences any such new industrial activity:

it shall be a sufficient compliance, with that rule if he reports to the Chief Inspector as per the particulars in Schedule 7 within 3 months after the date of coming into operation of these Rules or within such longer time as the Chief Inspector may agree in writing.

Rule - 10. Safety reports.

(1)     Subject to sub rules (2) and (3) an occupier shall not undertake any industrial activity to which this Rule applies, unless he has prepared a safety report on that Industrial activity containing the information specified in Schedule 8 and has sent a copy of that report to the Chief Inspector at least 3 months before commencing that activity.

(2)     In the case of a new industrial activity which an occupier commences, or by virtue of sub rule (2)(a)(ii) of rule 6 is deemed to commence within 6 months after coming into operation of these Rules, it shall be a sufficient compliance with sub rule (1) of this rule if the occupier sends to the Chief Inspector a copy of the report required in accordance with that sub rule within 3 months after the date of coming into operation of these rules.

(3)     In the case of an existing industrial activity, until five years from the date of coming into operation of these Rules, it shall be a sufficient compliance with sub-rule (1) of this rule if the occupier on or before 3 months from the date of the coming into the operation of these Rules sends to the Chief Inspector the information specified in Schedule 7 relating to that activity.

Rule - 11. Updating of reports under Rule 10.

(1)     Where an occupier has made a safety report in accordance with sub-rule (1) of rule 10, he shall not make any modification to the industrial activity to which that safety report relates which could materially affect the particulars in that report, unless he has made a further report to take account of those modifications and has sent a copy of that report to the Chief Inspector at least 3 months before making those modifications.

(2)     Where an occupier has made a report in accordance with rule 10 and sub rule (1) of this rule and that industrial activity is continuing, an occupier shall within three years of the date of the last such report, make a further report which shall have regard in particular to new technical knowledge which has affected the particulars in the previous report relating to safety and hazard assessment, and shall within one month or in such longer time as the Chief Inspector may agree in writing, send a copy of the report to the Chief Inspector.

Rule - 12. Requirements for further information.

Where in accordance with sub-rule (1) of rule 10 an occupier has sent a safety report relating to an industrial activity to the Chief Inspector, the Chief Inspector may, by a notice served on the occupier, require him to provide such additional information as is specified in the notice and the occupier shall send that information to the Chief Inspector within such time as is specified in the notice or within such extended time as the Chief Inspector may subsequently specify.

Rule - 13. Preparation of on - site emergency plans by the occupiers.

(1)     An occupier who has control of an industrial activity to which this rule applies shall prepare in consultation with the Chief Inspector, keep up-to-date and furnish to the Chief Inspector and the Inspector an on site emergency plan detailing how major accidents will be dealt with on the site on which the industrial activity is carried on and that plan shall include the name of the person who Is responsible for safety on the site and the names of those who are authorized to take action in accordance with the plan in case of an emergency.

(2)     The occupier shall ensure that the emergency plan prepared in accordance with sub rule (1) of this rule, takes into account any modification made in the industrial activity and that every person on the site who is affected by the plan is informed of its relevant provisions.

(3)     The occupier shall prepare the emergency plan required under sub-rule (1) of this rule-

(a)      In the case of a new industrial activity, before that activity is commenced except that, in the case of a new industrial activity which is commenced or is deemed to have been commenced before a date 3 months after the coming into operation of these rules, by that date; or

(b)      In the case of an existing industrial activity within 3 months of coming into operation of these Rules.

Rule - 14. Preparation of off-site emergency Plans.

(1)     It shall be the duty of the District Collector or the District Emergency Authority designated by the State Government in whose area there is a site on which an occupier carries on an industrial activity to which this rule applies, to prepare and keep up-to-date an adequate off-site emergency plan detailing how emergencies relating to a possible major accident on that site will be dealt with and in preparing that plan the Authority shall consult the occupier, the Chief Inspector and such other persons as appear to the authority to be appropriate.

(2)     The occupier shall provide the District Collector or the District Emergency Authority with such information relating to the industrial activity under his control as may be necessary to enable the District Collector or the District Emergency Authority to prepare an off-site emergency plan under sub rule (1) of this rule including the nature, extent and likely effects off-site of possible major accidents as well as any additional information as the District Collector or the District Emergency Authority may require in this regard.

(3)     The District Collector or the District Emergency Authority shall provide the occupier with information from the off-site emergency plan which relates to his duties under rule 13 or sub rule (2) of this rule.

(4)     The District Collector or the District Emergency Authority shall prepare its emergency plan for any industrial activity required under sub-rule (1) of this rule-

(a)      in the case of a new industrial activity, before that activity is commenced;

(b)      in the case of an existing industrial activity, within 6 months of its being notified by the occupier of the industrial activity.

Rule - 15. Information to be given to persons liable to be affected by a major accident.

(1)     The occupier shall take appropriate steps to inform persons outside the site who are likely to be in an area which might be affected by a major accident at any site on which an industrial activity under his control to which this rule applies is carried on either directly or through the District Emergency Authority about -

(a)      the nature of the major accident hazard; and

(b)      the safety measures and the correct behavior which should be adopted in the event of a major accident.

(2)     The occupier shall take the steps required under sub rule (1) of this rule to inform persons about an industrial activity, before that activity is commenced, except that, in the case of an existing industrial activity in which case the occupier shall comply with the requirements of sub rule (1) of this rule within 3 months of coming into operation of these Rules.

Rule - 16. Disclosure of information notified under these Rules.

Where for the purpose of evaluating information notified under rule 5 or rule 7 to 15 the Inspector or the Chief Inspector or the District Emergency Authority discloses that information to some other person, that other person shall not use that information for any purpose except a purpose of the Inspector or the Chief Inspector or the District Emergency Authority disclosing it, as the case may be, and before disclosing that information the Inspector or the Chief Inspector or the District Emergency Authority, as the case may be, shall inform that other person of his obligations under this rule.

Rule - 17. Improvement notice.

(1)     If an Inspector is of the opinion that an occupier -

(a)      is contravening one or more of these Rules; or

(b)      has contravened one or more of these Rules in circumstances make it likely that the contravention will continue or be repeated, he may serve on him a notice (in this rule referred to as "improvement notice") stating that he is of that opinion specifying the rule or rules as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that occupier to remedy the contravention or, as the case may be the matters occasioning it within such period as may be specified in the improvement notice.

(2)     An improvement notice served under sub-rule (1) of this rule may (but need not) include directions as to the matters to be taken by the occupier to remedy any contravention or matter to which the improvement notice relates.

Rule - 18. Power of the State Government to modify the Schedules.

The State Government may, at any time, by notification in the Official Gazette, make suitable changes in the Schedules.

SCHEDULE 1

[See rule 2 (a), (i), 3(1), (4)(1)(a)]

Indicative Criteria and List of Chemicals

Part I

Indicative Criteria

(a)      Toxic Chemicals:

Chemicals having the following values of acute toxicity and which, owing to their physical and chemical properties, are capable of producing major accident hazards.

Sl. No.

Degree of Toxicity

LD 50 absorbed orally in rats mg./kg. body weight

LD 50 by cutaneous absorption in rats or rabbits mg./kg. body weight

LC 50 absorbed by inhalation (4 hrs.) in rats mg./litre

1.

Extremely

toxic

<=50

<=200

0.1-0.5

2.

Highly toxic

51-500

201-2000

0.5-2.0

(b)      Flammable Chemicals:

(i)       Flammable gases: Chemicals which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 degree C or below;

 

(ii)      High Flammable liquids: Chemicals which have a flash point lower than 23 degree C and the boiling point of which at normal pressure is above 20 degree C.

 

(iii)     Flammable liquids: Chemicals which have a flash point lower than 65 degree C and which remain liquid under pressure, where particular processing conditions such as high pressure and high temperature, may create major accident hazards.

(c)      Explosives:

Chemicals which may explode under the effect of flame, heat or photo-chemical condition, or which are more sensitive to shocks or friction than dinitrobenzene.

Part II

List of Hazardous Chemicals

(List not included)

SCHEDULE 2

[See rules 2(a) (ii), 4(1)(b) and 6(1)(c) and (d)]

Isolated storage of installation other than those covered by Schedule 4

(a)      The quantities set out below-relate to each installation or group of installations belonging to the occupier where the distance between, installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each of the installations belonging to the same occupier where the distance between the installations is less than 500 metres.

(b)      For the purpose of determining the quantity of a hazardous chemical at an isolated storage, account shall also be taken of ally hazardous chemical which is:-

(i)       in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;

(ii)      at any other site under the control of the occupier any part of the boundary of which is 500 metres of the said site: and

(iii)     in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft for transporting it.

Sl. No.

Chemical or groups of Chemicals

(Quantity tonnes)

For Application of rules 4, 5 and 7 to 9

For Application of rules 10 to 5

(1)

(2)

(3)

(4)

1.

Acrylonitrile

350

5000

2.

Ammonia

60

600

3.

Ammonium nitrate (a)

3508

2500

4.

Ammonium nitrate fertilizers (b)

1250

10000

5.

Chlorine

10

25

6.

Flammable gases as defined in Schedule 1, Paragraph (b)(i)

50

300

7.

Highly flammable liquids as defined in Schedule 1, Pragraph(b)(ii)

10000

100000

8.

Liquid oxygen

200

2000

9.

Sodium chlorate

25

250

10.

Sulphur dioxide

20

500

11.

Sulphur trioxide

15

100

 

(a)      This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is greater than 28 per cent by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater than 90 per cent by weight.

(b)      This applies to straight ammonium nitrate fertilizers and to compound fertilizers were the nitrogen content derived from the ammonium nitrate is greater than 28 per cent by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

SCHEDULE 3

[See rules 2 (a) (iii) and 6(1)(a) and (b)]

List of Hazardous Chemicals for Application of Rules 5 and 7 to 15

(a)      The quantities set out below relate to each installation or group of installations belonging to the same occupier where the distance between the installations is not sufficient to avoid in foreseeable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.

(b)      For the purpose of determining the quantity of a hazardous chemical in an industrial installation, account shall also be taken of any hazardous chemical which is:-

(i)       in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;

(ii)      at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site; and

(iii)     in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft used for transporting it.

Part I

Named Chemicals

(Name not included)

SCHEDULE - 3 (contd.)

Part II

Classes of Chemicals not specifically Named in Part- I

 

 

Quantity

sl. No.

Classes of Chemicals

For application of Rules 5 to 9 & 13 to 15

For application of Rules 10 to 12

(1)

(2)

(3)

(4)

 

Group-5-Flammable Chemicals

 

 

1.

Flammable gases:

Chemicals which in a gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20 degree C or below:

15 t

200 t

2.

Highly flammable liquids:

Chemicals which have a flash point lower than 23 degree C and the boiling point of which at normal pressure is above 20 degree C :

1000 t

50000 t

3.

Flammable liquids:

Chemicals which have a flash point lower than 65 degree C and which remain liquid under pressure, where particular processing conditions, such as high pressure and high temperature, may create major accident hazards.

25 t

200 t

SCHEDULE 4

[See rule2(b)(10]

INDUSTRIAL INSTALLATION WITHIN THE MEANING OF RULE 2(b)(i)

(1)     Installations for the production, processing or treatment of organic or inorganic chemicals using for this purpose, among others:

(a)      alkylation

(b)      amination by amonolysis

(c)      carbonylation

(d)      condensation

(e)      dehydrogenation

(f)       estefication

(g)      halogenation & manufacture of halogens

(h)     hydrogenation

(i)       hydrolysis 

(j)       oxidation

(k)      polymerization 

(l)       sulphonation

(m)    desulphurization, manufacture and transformation of sulphur containing compounds

(n)     nitration and manufacture of nitrogen-containing compounds

(o)      manufacture of phosphorous-containing compounds

(p)      formulation of pesticides and of pharmaceutical products

(q)      distillation

(r)      extraction

(s)      solvation

(t)       mixing

(2)     Installations for distillation, refining or other processing of petroleum or petroleum products.

(3)     Installations for the total or partial disposal of solid or liquid chemicals by incineration or chemical decomposition.

(4)     Installations for the production, processing, or treatment of energy gases, for example LPG, LNG, SNG.

(5)     Installations for the dry distillation of coal or lignite.

(6)     Installations for the production of metals or non-metals by a wet process or by means of electrical energy.

SCHEDULE 5

[See rule 3(2) and 3(3)]

SAFETY DATA SHEET

1.        Chemical Identity

Chemical Name

 

Chemical Classification

Synonyms

 

Trade Name

Formula

 

C.A.S.No.

U.N.No.

Regulated Identification

I.D. No.

Shipping Name Codes/Label

Hazchem No.

Hazardous Waste

 

Hazardous Ingredients

C.A.S. No.

Hazardous Ingredients

C.A.S. No.

1.

2.

3.

4.

 2. Physical and Chemical Data

Boiling Range/Point

øc

Physical State

Appearance

Melting/Freezing Point

øc

Vapor Pressure at 35 øC

Odor

mm Hg

Vapor Density (Air=l)

Solubility in water at 30 øC

Others

Specific Gravity Water= 1

H

P

3. Fire and Explosion Hazard Data

Flammability Yes/No

LEL

%Flash Point øC

Autoignition øC Temperature

TDG Flammability

UEL

%Flash Point øC

Hazardous Comustion Products

Explosion Sensitivity

to Impact

Explosion Sensitivity to State Electricity

Hazardous Polymerisation

Combustion Liquid

Explosive Material

Corrosive Material

Flammable Material

Oxidizer

Others

 Pyrophoric Material

Organic Peroxide

4. Reactivity Data

Chemical Stability

 

Incompatibility with other Material

 

Reactivity

 

Hazardous Reaction Products

 

5. Health Hazard Data

Routes of Entry

 

Effects of Exposure/Symptoms

 

Emergency Treatment

 

TLV (ACGIH) ppm

mg/m3

STEL

ppm

mg/m3

Permissible Exposure Limit ppm

LD50

mg/m3

Odour

LD59

Threshold ppm

mg/m3

 NFPA Hazard Health Signals

Flammability

/

Stability

Special

6. Preventive Measures

Personnel

Protective

Equipment

 

 

 

 

 

Handling and

Storage

Precautions

 

 

 

 

7. Emergency and First Aid Measure

FIRE

 

Fire Extinguishing

Meadia

FIRE

 

Special Procedures

Unusual Hazards

 

EXPOSURE

First Aid Measures

Antidotes / Dosages

SPILLS

Steps to be taken

Waste Disposal Method

 

8. Additional Information/References

 

 

9. Manufacturer/Suppliers Data

Name of Firm

Mailing Address

Telephone/Telex Nos.

Telegraphic Address

Contact Person in Emergency

Local Bodies involved

Standard Packing

TremcardDatails/Ref.

Other

 

10. Disclaimer   

 

Information contained in this material data sheet is believed to be reliable but not representation guarantee or warranties of any kind are made as to it accuracy, suitability for a particular application or results to be obtained from them. It is upto the manufacturer/seller to ensure that the information contained in the material safety data sheet is relevant to the product manufacture handled or sold by him as the case may be. The Government makes no warranties expressed or implied in respect of the adequacy of this document for any particular purpose.

SCHEDULE 6

[See rule 5(1)]

Information to be furnished regarding Notification of a Major accident

   

Report number ................ 

of the particular accident.

(1)     General data

(a)      Name of the site

(b)      Name and address of the occupier

(Also state the telephone/telex number)

(c)      (i) Registration number

(ii) License number

(As may have been allotted under any statute applicable to the site. e.g. the Factories Act)

(d)      (i) Nature of industrial activity

(Mention what is actually manufactured, stored etc.)

(ii) National Industrial Classification,

1987 at the four digit level.   

 

 

 

(2)     Type of major accident

Explosion   

 

   

Fire   

 

  

Emission of hazardous chemical

 

(3)     Description of the major accident

(a)      Date, shift and hour of the accident

 

(b)      Department/Section and exact place where the accident took place.

 

(c)      The process/operation under taken in the Department/Section where the accident took place (Attach a flow chart, if necessary).

 

(d)      The circumstances of the accident and the hazardous chemical involved.

(4)     Emergency measures taken and measures envisaged to be taken to alleviate short-term effects of the accident.

5. Causes of the major accident Known: (to be specified)   

 

 

Not known

 

 

Information will be supplied as soon as possible

 

(5)     Nature and extent of damage:

(a) within the establishment casualties   

................................................Killed

.................................................Injured

............................................Poisoned

-persons exposed to the major accident

...........................................................

-material damage 

 

-damage is still present

 

-danger no longer exists

 

(b) Outside the establishment 

- casualties

...............................................Killed

.............................................Injured

...........................................Poisoned

-persons exposed to the major accident

.......................................................

-material damage 

 

-damage to environment

 

-damage is still present

 

-danger no longer exists

 

(6)     Data available for assessing the effects of the accident on persons and environment.

(7)     Steps already taken or envisaged:

(a)      to alleviate medium or long term effects of the accident.

 

(b)      to prevent recurrence of similar major accident.

 

(c)      any other relevant information.

SCHEDULE 7

[See rule 7(1)]

INFORMATION TO BE FURNISHED FOR THE NOTIFICATION OF ACTIVITIES/SITES

Particulars to be included in a notification of site

(1)     The name and address of the occupier making the notification.

(2)     The full postal address of the site where the modifiable industrial activity will be carried on.

(3)     The area of the site covered by the notification and of any adjacent site which is required to be taken into account by virtue of Schedule 2(b) and Schedule 3(b).

(4)     The date on which it is anticipated that the modifiable industrial activity will commence or if it has already commenced a statement to that effect.

(5)     The name and maximum quantity liable to be on the site of each hazardous chemical for which notification is being made.

(6)     Organization structure, namely, organization diagram for the proposed industrial activity and set up for ensuring safety and health.

(7)     Information relating to the potential for major accidents namely:-

(a)      identification of major accident hazards;

(b)      the condition of events which could be significant in bringing one about;

(c)      brief description of the measures taken.

(8)     Information relating to the site namely:-

(a)      a map of the site and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazard or risk associated with the site;

(i)       area likely to be affected by the major accident.

(ii)      population distribution in the vicinity.

(b)      a scale plan of the site showing the location and quantity of all significant inventories of the hazardous chemicals;

(c)      a description of the processes or storages involving the hazardous chemicals, the maximum amount of such a hazardous chemical in the given process or storage and an indication of the conditions under which it is normally held;

(d)      the maximum number of persons likely to be present on site.

(9)     The arrangement for training of workers and equipment necessary to ensure safety of such workers.

SCHEDULE 8

[See rule 10(1)]

Information to be furnished in a Safety Report

(1)     The name and address of the person furnishing the information.

(2)     Description of the industrial activity, namely

(a)      Site,

(b)      construction design,

(c)      protection zones (explosion protection, separation distances),

(d)      accessibility of plant,

(e)      maximum number of persons working on the site and particularly of those persons explosed to the hazard.

(3)     Description of the processes, namely:-

(a)      technical purpose of the industrial activity,

(b)      basic principles of the technological process,

(c)      process and safety-related data for the individual process stages,

(d)      process description,

(e)      safety-related types of utilities.

(4)     Description of the hazardous chemicals, namely:-

(a)      chemicals (quantities, substance data on physical and chemical properties, safety-related data on explosive limits, flash-point thermal stability, toxicological data and threshold limit values, lethal concentrations).

(b)      the form in which the chemicals may occur or into which they may be transformed in the event of abnormal conditions.

(c)      the degree of purity of the hazardous chemical.

(5)     Information on the Preliminary Hazard Analysis, namely:-

(a)      type of accident,

(b)      system elements or foreseen events that can lead to a major accident

(c)      hazards,

(d)      safety-relevant components.

(6)     Description of safety-relevant units, among others:

(a)      special design criteria,

(b)      controls and alarms,

(c)      pressure relief systems,

(d)      quick-acting valves,

(e)      collecting tanks/dump tanks,

(f)       sprinkler systems,

(g)      fire protection.

(7)     Information on the hazard assessment, namely: -

(a)      identification of hazards,

(b)      the causes of major accidents,

(c)      assessment of hazards according to their occurrence frequency

(d)      assessment of accident consequences,

(e)      safety systems,

(f)       known accident history.

(8)     Description of information on organizational systems used to carry on industrial activity safely, namely:-

(a)      maintenance and inspection schedules,

(b)      guidelines for the training of personnel,

(c)      allocation and delegation of responsibility for plant safety,

(d)      implementation of safety procedures.

(9)     Information on assessment of the consequences of major accidents namely: -

(a)      assessment of the possible release of hazardous chemicals or of energy,

(b)      possible dispersion of released chemicals,

(c)      assessment of the effects of the releases (size of the affected area, health effects, property damage).

(10)   Information on the mitigation of major accidents, namely:-

(a)      fire brigade;

(b)      alarm systems;

(c)      emergency plan containing system of organization used to fight the emergency, the alarm and the communication routes, guidelines for fighting the emergency, examples of possible accident sequences

(d)      co-ordination with the District Collector or the District Emergency authority and its off-site emergency plan,

(e)      notification of the nature and scope of the hazard in the event of an accident. 

(f)       antidotes in the event of a release of a hazardous chemical.



[1] Published as G.O. (Rt.) No. 2676/93/LBR & REH dated 18-10-93 pub. in K.G. Ex. No.1088 dated 28-10-93, as SRO 1680/93.